Fisheries of the Exclusive Economic Zone Off Alaska; Pollock Fishing in the Winter Herring Savings Area of the Bering Sea and Aleutian Islands Management Area

Issuing agencies

Abstract

NMFS is prohibiting directed fishing for pollock by vessels using trawl gear in the Winter Herring Savings Area of the Bering Sea and Aleutian Islands management area (BSAI). This action is required by regulation and is necessary to prevent herring prohibited species catch (bycatch) in the Winter Herring Savings Area by vessels directing fishing for pollock using trawl gear. This action includes prohibiting directed fishing for pollock in the Winter Herring Savings Area by vessels using trawl gear participating in the Community Development Quota Program.

Full Text

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<title>Federal Register, Volume 91 Issue 189 (Thursday, October 1, 2026)</title>
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[Federal Register Volume 91, Number 189 (Thursday, October 1, 2026)]
[Rules and Regulations]
[Page 62343]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20135]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 260305-0066, RTID 0648-XG026]


Fisheries of the Exclusive Economic Zone Off Alaska; Pollock 
Fishing in the Winter Herring Savings Area of the Bering Sea and 
Aleutian Islands Management Area

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; closure.

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SUMMARY: NMFS is prohibiting directed fishing for pollock by vessels 
using trawl gear in the Winter Herring Savings Area of the Bering Sea 
and Aleutian Islands management area (BSAI). This action is required by 
regulation and is necessary to prevent herring prohibited species catch 
(bycatch) in the Winter Herring Savings Area by vessels directing 
fishing for pollock using trawl gear. This action includes prohibiting 
directed fishing for pollock in the Winter Herring Savings Area by 
vessels using trawl gear participating in the Community Development 
Quota Program.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), September 30, 
2026, through 1200 hours, A.l.t., March 1, 2027.

FOR FURTHER INFORMATION CONTACT: Andrew Olson, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI exclusive economic zone according to the Fishery Management Plan 
for Groundfish of the Bering Sea and Aleutian Islands Management Area 
(FMP) prepared and recommended by the North Pacific Fishery Management 
Council under authority of the Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act). Regulations governing 
fishing by U.S. vessels in accordance with the FMP appear at subpart H 
of 50 CFR part 600 and 50 CFR part 679.
    The 2026 herring bycatch limit specified for the midwater pollock 
fishery in the BSAI is 2,359 metric tons as established by the final 
2026 and 2027 harvest specifications for groundfish in the BSAI (91 FR 
11750, March 10, 2026). When a trawl fishery category will catch its 
herring bycatch allowance, NMFS will close that fishery category to 
directed fishing for the areas and time periods defined in regulation 
as Herring Savings Areas, except when the midwater pollock fishery 
category reaches its specified herring bycatch allowance, the 
applicable Herring Savings Areas are closed to directed fishing for 
pollock with trawl gear (Sec.  679.21(e)(7)(vi)).
    The Regional Administrator, Alaska Region, NMFS has determined that 
the 2026 herring bycatch allowance specified for the midwater pollock 
fishery in the BSAI has been caught. Consequently, in accordance with 
Sec.  679.21(e)(7)(vi)(B)(1), NMFS is closing directed fishing for 
pollock by vessels using trawl gear in the Winter Herring Savings Area 
of the BSAI from 1200 hours, A.l.t., September 30, 2026, through 1200 
hours, A.l.t., March 1, 2027. This includes prohibiting directed 
fishing for pollock in the Winter Herring Savings Area of the BSAI by 
vessels using trawl gear participating in the Community Development 
Quota Program. The Winter Herring Savings Area is that part of the 
Bering Sea subarea that is between latitudes 58[deg] and 60[deg] North 
and longitudes 172[deg] and 175[deg] West from 1200 hours, A.l.t., 
September 1 of the current fishing year through 1200 hours, A.l.t., 
March 1 of the succeeding fishing year (figure 4 to 50 CFR part 679). 
This action is required by regulation and is necessary to prevent 
herring bycatch in the Winter Herring Savings Area by vessels directing 
fishing for pollock using trawl gear.

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR part 679, which was 
issued pursuant to section 304(b) of the Magnuson-Stevens Act, and is 
exempt from review under Executive Order 12866.
    Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior 
notice and an opportunity for public comment on this action, as notice 
and comment would be impracticable and contrary to the public interest, 
as it would prevent NMFS from responding to the most recent fisheries 
data on herring bycatch in a timely fashion and would delay the closure 
of directed fishing for pollock by vessels using trawl gear in the 
Winter Herring Savings Area of the BSAI. Any delay in publishing this 
directed fishing closure could result in further bycatch of herring in 
the Winter Herring Savings Area by vessels directing fishing for 
pollock using trawl gear. NMFS was unable to publish a notice providing 
time for public comment because the most recent, relevant data on 
herring bycatch by vessels using trawl gear directed fishing for 
pollock only became available as of August 29, 2026.
    There is good cause under 5 U.S.C. 553(d)(3) to establish an 
effective date less than 30 days after date of publication. This 
finding is based upon the reasons provided above for waiver of prior 
notice and opportunity for public comment.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: September 29, 2026.
Shannon Bettridge,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2026-20135 Filed 9-29-26; 4:15 pm]
BILLING CODE 3510-22-P


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